Hon'ble High Court of Chhattisgarh dismissed a revision petition challenging a conviction under Section 317 IPC for abandoning a newborn baby despite the applicant's death pendency. The court upheld the lower court findings supported by consistent witness testimony.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRR No. 186 of 2006
Manbai wife of Shri Rameshwar Sharma, aged about 52 years, Occupation – Labour, Resident of Sikola Basti, Police Station Mohan Nagar, Durg, District CG.
--- Applicant
Versus
State of Chhattisgarh through Police Station GRP Durg, District Durg, CG
--- Respondent
Order on Board by Hon'ble Smt. Vimla Singh Kapoor, J.
04.12.2018:
By this revision petition the applicant has assailed the judgment dated 02.03.2006 passed by Additional Sessions Judge (FTC), Durg, CG in Criminal Appeal No. 20/2004 affirming the judgment dated 21.12.2003 passed by JMFC Durg in Criminal Case No. 501/2002 convicting the accused/applicant under Section 317 IPC and sentencing her to undergo RI for one year and six months and pay fine of Rs. 50/- plus default stipulation.
investigation a document regarding hospitalization of the accused/applicant was seized under Ex. P-4 and after her medical examination the challan was filed.
– the cleaner who first saw the new born male baby in the washbasin of the train mentioned above as also the doctor (PW-3) who medically examined the accused and found her breasts filled with milk and her pregnancy was of 20 weeks, it gets crystallized that it is the accused/applicant who gave birth to the new born baby and left it in an abandoned condition. The statements of these witnesses are quite consistent and therefore there is no reason to disbelieve or discard the same. In this view of the matter, both the Courts below appear to have been fully justified in holding the accused/applicant guilty under Section 317 IPC and therefore, no infirmity or illegality is visible in the judgment under assail.
Sd/-
(Vimla Singh Kapoor) Judge
Jyotishi
1 issue framed by the court
Whether the revision petition against convictions for child abandonment should be allowed despite the applicant's death.
Colour shows how this judgement treated each authority
Pranab Kumar Mitra v. State of WBReferred¶16
AIR 1959 SC 144 · Who else cites this
1 provisions across 1 enactments
Manbai wife of Shri Rameshwar Sharma
State of Chhattisgarh
Vimla Singh Kapoor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
